[FYI] (Fwd) [GILC-plan] CR&CL statement in relation to restrictions on the Internet in Turkey

["Axel H Horns" <horns@ipjur.com>]

------- Forwarded message follows -------
Date sent:      	Wed, 15 May 2002 15:07:49 +0100
To:             	gilc-plan@mailman.gilc.org
From:           	Yaman Akdeniz <admin@cyber-rights.org>
Subject:        	[GILC-plan] CR&CL statement in relation to restrictions on the Internet in
	Turkey

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Statement by Dr. Yaman Akdeniz in relation to the Internet related
provisions of the Turkish Supreme Board of Radio and Television (RTUK)
Bill (No 4676 )

15 May, 2002

New media historically face suspicion and are liable to excessive
regulation as they spark fears as to the potential detrimental effects
they may have on society. Now, the Internet is receiving the same kind
of treatment with various attempts to censor and control its content
including in Turkey. However, as the European Court of Human Rights
stated "... freedom of expression constitutes one of the essential
foundations of a democratic society, one of the basic conditions for
its progress," and censorship should be resisted at all costs by
nation-states.

Supreme Board of Radio and Television (RTUK) Bill (No 4676 ) which
regulates the establishment and broadcasting principles of private
radio and television stations and amends the current Turkish Press
Code passed through the Turkish Parliament on 14 May, 2002. This Bill
was vetoed by the President of Turkey in June 2001 and includes
provisions which would subject the Internet to restrictive press
legislation in Turkey.

Although the Bill tries to apply only some aspects of the Press Code
(such as to do with publishing "lies"), the unclear provisions are
open to various interpretations. However, the rationale behind these
provisions is the silencing of the criticism of the Members of the
Turkish Parliament and to silence political speech and dissent.

However, as stated several times by the European Court of Human
Rights, "freedom of the press affords the public one of the best means
of discovering and forming an opinion of the ideas and attitudes of
political leaders." Which is why in this context "the limits of
acceptable criticism are accordingly wider as regards a politician as
such than as regards a private individual. Unlike the latter, the
former inevitably and knowingly lays himself open to close scrutiny of
his every word and deed by both journalists and the public at large,
and he must consequently display a greater degree of tolerance".

Dark shadow over the Towards an Information Society Congress
The Bill casts a dark shadow over the positive message that was given
at the Towards an Information Society Congress in Ankara during last
weekend (10-12 May, 2002). Attempting to regulate and censor content
over the Internet will be seen as a major negative step in Turkey and
certainly is unacceptable at a time in which Turkey is at the
doorsteps of the European Union.

NO Public Support
In the absence of broad public support, negative regulation should
have been the last thing to do in Turkey. This is an impetuous
knee-jerk reaction which should have been avoided at all costs.

Openness and Transparency in the Policy Making Process
One need to also be critical of the policy process that led into the
passage of this legislation in Turkey. The process was not open,
transparent and therefore there was no accountability from the part of
those ministers who supported the legislation. The members of the
Turkish Parliament should also realise that the Internet is a global
medium regardless of frontiers and unilateral legislation at the
nation-state level will simply not work or be effective. There should
have been a risk analysis and supranational developments at the
European Union, and international developments within other forums
should have been taken into account.

The Turkish government should co-operate to respect fundamental human
rights such as freedom of expression and privacy, and should encourage
rather than limit the peoples' usage of the Internet through excessive
regulation at the national level. Responses to problems that are
associated to the Internet need to be proportionate and effective.
Otherwise, far from free and unregulated, the Internet may end up as
the most regulated medium in history.

Turkey should also follow the Turkish National Programme for the
Adoption of the Acquis so far as the future membership to the European
Union is concerned within which relaxation of speech related
restrictions are included.

Written by Dr. Yaman Akdeniz, the director of Cyber-Rights & 
Cyber-Liberties (UK), a pressure group (http:///www.cyber-rights.org)
based in Leeds, UK.

Dr. Yaman Akdeniz,
Director, Cyber-Rights & Cyber-Liberties (UK)
URL: http://www.cyber-rights.org
E-mail: lawya@cyber-rights.org
Tel: +44 (0)7798 865116

An online copy of this statement is at: 
http://www.cyber-rights.org/press/tr_rtuk.htm


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